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Petitioner: Abdul Ghafoor VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Syed Mansoor Ali Shah, Umar Ata Bandial Title: Abdul Ghafoor vs The State and another Case No.: Criminal Petition No. 114 of 2018 Date of Judgment:2021-10-11 Reported As: 2022 SCMR 819, PLJ 2022 SC (Cr.C.) 135, 2022 PSC (Crl.) 678 Result: Appeal allowed
Judgment ORDER QAZI MUHAMMAD AMIN AHMED, J.---The petitioner was on the wheel of an oil-tanker when intercepted by a contingent of ANF Sakkur on 04.05.2013 ; upon search, a huge cache of cannabis weighing 500 kg., concealed in the secret cavities, was recovered; Aziz Ahmed co-accused, on board, was also taken to the task; upon indictment, they claimed trial that resulted into their conviction under clause (b) of section 9 of the Control of Narcotic Substances Act, 1997; they were sentenced to imprisonment for life with a direction to pay fine vide judgment dated 25.04.2016. The High Court acquitted Aziz Ahmed from the charge, however , maintained petitioner's conviction and sentence vide impugned judgment dated 17.01.2018, vires whereof, are being assailed primarily on the ground that prosecution hopelessly failed to drive home the charge inasmuch as none appeared to establish safe transmission of samples, secured at the time of seizure, to the office of Chemical Examine r so as to confirm the narcotic character of the contraband and, thus, there was no occasion for the trial Court as well as the High Court to assume that the seized contraband was actually cannabis without being presumpt uous, an option hardly available under the law . The learned Special Prosecutor has not been able to controvert the position taken at the bar . 2. Heard. Record perused. 3. Heinousness of the charge and huge quantity of the alleged contraband, notwithstanding, the prosecution was under a bounden responsibility to drive home the charge by proving each limb of its case that essentially included production of the witness, tasked with the responsibility of transmitting the samples to the office of Chemical Examiner . Failure is devastatingly appalling with unredeemable consequences that cast away the entire case. Petition is converted into appeal and allowed; the impugned judgment is set aside; the appellant shall be released forthwith if not required to be detained in any other case. Copy of this judgment be transmitted to the Director General Anti Narcotic Force; he shall order a probe into the grievous lapse in prosecution of the case with a view to fix responsibility for the delinquents.